if heading out of town or to an area airport, so far so good. the valley commute, nice and quiet. coming up a check of transit. >> yeah. could be a wanted man, or he could be someone that got away, or he could be a drowning victim. >> kate is in ma rain county with developing news in a search. >> good morning, frank and elizabeth. what started originally as a traffic stop turned into a full- blown search rescue operation that started just around 1:00 this morning. joining me is police chief eric master son. good morning to you. happy christmas eve. could you please tell us what happened? >> reporter: about 12:30 this morning, a police officer stopped a driver for suspected driving under the influence. during that investigation, the driver got out of the car, and

he decided to run. the officers chased him to where there's a creek. he climbed over the fence, jumped into the creek. the officers followed him on foot. they swam away from the officers. the officers followed as far as they could until they couldn't anymore due to the obstructions for the fence. lost sight of the person, so then we called other officers, and we called the fire department to come out and assist us and try to locate the person. >> now so i understand, a full- blown search operation going on right now. what are your concerns? i know this water, we're in cold temperatures. could you talk to us more about both of them? >> we're very concerned for the person's safety.

the water was swift. it's a cement culvert in the area where he went in the water and he was last seen. we're worried he could have drowned, or it's extremely cold out; and if he climbed out of the water, we're really very worried for him. so we called out the department to bring out a boat and conducted a search in the area. haven't located him. >> reporter: thank you so much, chief. we appreciate your time. we understand the search will go on for next half hour, recontinue again when it's day light. better visibility. that is the latest from the scene. back to you. thank you. the weekend storm left a big mess on the roads. we saw accidents, spin-outs; and in this case an overturned car. this is on highway 101 near airport boulevard there where the water was very deep. it caught a lot of drivers off guard. a tough day, too. there are worries a neighborhood could be flooded along the santa clara county line. >> officials there are

concerned about a levee. as melissa harrington tells us this is all happening along market arrow road in pal low alto. >> severe flooding in east pal low alto threatened homes, damaged businesses, forced evacuations. look how close water got to houses in the garden neighborhood. that's right near the road. >> my mom was scared. she told me she was scared and she wanted to get her stuff because she had important documents and stuff. >> reporter: heavy rains caused the creek to swell and closed northbound lanes on highway 101. people scrambled to protect their homes. >> it was about 10 minutes. other than that, just wait for the water to go down. >> reporter: outside the four seasons hotel on woodside and university avenue, drivers were surprised by lanes of standing

water. the fire chief said the biggest concern was a levee near the drive. >> what happened if the levee gets compromised by the water. we have 600 feet of levee, the car literally carving the levee up. >> melissa harrington. a flood watch remains in effect along the russian river. it's expected to crest just below the flood stage at guernville. part of the county experienced minor flooding during yesterday's storm. the water was up to a foot and a half deep in the pin grove park. >> there's not a lot we can do about it. we've tried sandbagging in the past; but -- >> there was also some flooding a few miles away in pet lieu ma, including a trucking company at the parking lot you see here. sandbags are on standby. more rain is expected later this week. more storm damage to to the

strong winds. the storms knocked down froze. this is in san francisco,. in snow ma county, a large fir tree fell town on a house. winds gust up to 60 miles per hour in snow ma county. a tree splintered into pieces. it knocked power out in the area as well and downed trees and high high waters caused crews to shut down roads between mission boulevard. it's all closed because of this, a rockslide. traffic was being detoured on 680. it is now reopen. also open state road 84. it was closed overnight both directions because a tree welcomed all lanes of traffic, and in the mountains, highway 17 was closed at sugar loaf road for more than two hours. it has also since reopened, and in snow ma county closed because of flooding.

much more on that through the morning. another road closure in ma rain county. the panoramic highway was completely blocked by a large tree. it took crews extra time to get up the road and longer to start clearing it. motorists had to go back to the beach and use highway 1 south to get back on the freeway. a sink hole opened up. this is on stony point road south of 16. a drainage pipe caused the pavement to collapse. crews brought in massive plates to cover it while repairs were made. they say the road could be closed for days while they continue to patch up the hole. the rain may have stopped, but work for crews just beginning. there are several power outages throughout the bay area. the peninsula la is the hardest hit. 5,000 people still without power. nearly a thousands people are in the dark in the central cove. and the north bay, it's

reported 1600 outages and hundreds more without power in the east and the south because. well all of that rain around here meant a lot of snow on the sierra. >> skiers, snow boarders headed to the high country to enjoy fresh powder. they got 6 to 8 feet of it. that's where it started; but with winds gusting to 70 miles per hour, driving very dangerous. it was slowgoing to those ski resorts. >> , i mean, pretty bad. >> i would like to think it's worth it. >> is it worth it, or would you rare go home? >> no. it's worth it. it's fun. >> once you get up there they had to close interstate 80 due to the snow and a lot of spin- outs as well. and if you're still on the highways this morning, got chains required there for eastbound traffic for about 0 miles east of truckie. there are chain controls.

and highway 50, chains required, and on state route 88, chain controls begin at cook station. well today's drive forecast should be encouraging for folks heading to the airport. it was a mess over at sfo yesterday as high winds and wet conditions canceled dozens of flights. other flights were delayed two hours or more. at this point a of travelers trying to get home for the christmas holiday. no delays down in san jose. talking to the big buy now. >> we have our dramatic music going. >> it was a dramatic friday. >> the storms yesterday packing a wallop. a lot of damage around the bay area. waiting for the river to crest. expecting that to happen at 10:00 this morning. looks like it will be just above flood stage. but what a storm. things are winding down; but our radar showing you a couple of scattered showers, some of

it moving in along the coastline. we could pick in a couple more rain drops. this will be diminishing this morning. then we will dry things out. a break in the stormy weather. temperatures in the 50s outside; but there's another storm coming, and would you believe it is coming in time for christmas. we'll let you know and if we expect that to be a strong one, too. a u.s. congressman's public battle not with policy matters; but with his weight. and a new string for fighting obesity. the sensors keeping tabs on what you eat. and following up on an investigation. a private school taking dollars for phantom student. today the consequences for one bay area school district when liz and i come back. ,, ,,,,,,,,,,

wears a red suit as he winds

along the niagara river bet ontario and new york. he has history of getting in troub every year a man wears a red suit. this year his river trip has the border patrol blessing. apparently he's raising a lot of money for local charities. >> wearing the right outfit. and a restaurant in san francisco holds its annual toy drive. people can drop off toys for kids anytime from 6:00 a.m. to midnight. this is the 12th consecutive year for the toy drive. and a grassroots campaign in new york collected 2,000 toys for kids whose homes were damaged or destroyed by hurricane sandy. >> one mother said the cost of rebuilding threatened to wipe

out her family's entire christmas. >> the people who donated gifts have been awesome. a charity known as secret sandy will collect donations all yearlong to benefit kids hard hit in that area. time now is 4:44. >> there we go. >> i love the surfing. ride along with the bowling turkeys for thanksgiving. some of those great stories we have. around the bay area, finally catching a bit of a break, what a stormy weekend we had, fierce storms pounding the bay area. unbelievable the past 24 hours. some of the mountain tops over 5 inches of rain. still worried about the possibility of flooding. things beginning to settle down. checking out our high-deaf radar. the storm system really beginning to wind down. looks like it will come to an end this morning.

then through the day today, not a bad day. some cool temperatures outside. another storm headed our way. can you believe it? for christmas day, doesn't look as fierce as the storm that moved through. for the russian river in gu ernville, flood stage is 32 feet. it will get close today. expected to crest about 10:00 this morning. to the to watch that closely in case the forecasts are off a bit. we'll catch a brief break. you can see the next storm system has christmas written all over it headed toward the bay area. the gemmativing well to the south. that will sweep on shore and bring a chance of rain. if traveling around the state partly cloudy skies in the valley, still some snow. early on in the tahoe area and looks like for us the clouds will part. here's the future cast model showing the clouds begin to break up and race back on shore tomorrow morning. throughout the day tomorrow,

the rain through the afternoon heavy at times. fifty-five degrees in heyward. temperatures running up in the mid-50s in most spots, 53 in nap pa valley. 50s showing up toward the coastline. and 54 degrees in daily city. the next couple of days, the rain makes a return, maybe leftover showers on wednesday, and possibly a leftover shower on thursday. then dry weather come friday, but staying unsettled and pebbly wet again on saturday. outside it is super quiet on the bay bridge. not expecting much of a commute on christmas eve. for the most part, the roads are drying out. a few problems from yesterday's flooding, highway 1 still shut down out in conoa county. for the next 15 minutes or so caltrans said highway 121 is going to be shut down between 116 and 37.

both directions closed. flooding is the problem. a few rain drops on the lens across the bridge. traffic is slowing nicely there. wells 880 and 237. a quick look at the south bay. 280 moving at the limit. and out in the east bay, a quiet commute past the climb, up ward toward downtown. no service today, and muni and some ferries are on a holiday schedule. a deadline looming to reach a settlement regarding the deadly pipeline explosion in san brew know. the san francisco chronicle reports that pg and e offered to pay a fine. but government and consumer groups rejected it report delay because pge would not admit it failed to safe the system. the explosion killed eight people. if a settlement is not reached by january 7th the case would likely go to trial. a bay area school district is accused of mismanaging money

and audit what's conducted after an investigation questioned how a private school was getting federal dollars. linda yi explains what oakland unified will have to do as their punishment. >> reporter: for years this private religious school has received thousands of dollars in federal funds, $50,000 just this year deadly out by the oakland unified school district. it's the school that sends the students out to bart stations to solicit money sometimes late into the night. they left after we approached them. >> a joint cbs 5 california watch investigation earlier this year questioned the district's lack of oversight allowing enroll. s by the school to get the funding and the school's alleged misuse of that money. the california department of education took a closer look and has ordered the district to repay nearly $25,000.

we reached the district spokesman out of state. >> we dispute the notion or finding that we have misused funds. >> the wife gets paid a hundred dollars an hour for her duties there as a developmental teacher. that sounds a little -- >> it does. i'm not aware of their particular conversation levels. >> the school district is approved. and you have robert lacy junior, and he get paid $40 an hour. >> right. >> is that acceptable? >> really it's according to the guidelines. >> reporter: the department of education review ruled it was inappropriate. the district insists that's an interpretation of a law it's appealing. >> would you hire these people for the oakland public schools? >> we would not hire them. we are under a different jurisdiction and different

regulations. the school district insists it has followed the guidelines; but after our reports, the district cut off the federal funds. the saint andrew and the fbi has stepped in to question a possible misuse of federal money. an advisor to the u.s. was shot and killed by a police woman in kabul. officials in afghanistan say the police woman shot the advisor with a pistol as he emerge from a small shop near headquarters. the suspect arrested shortly afford. the advisor's identity has not yet been released, the latest in a rash of insider attacks by police officers against their foreign allies. 4:50. a senator from idaho is apologizing for being arrested over the weekend. >> and that is senator michael crepo. he was pulled over yesterday just outside of washington. police say he had run a red

light. then he failed a field sobriety test. the senator said he's deeply sorry and will deal with the consequences. a had missouri congressman is inspiring people as he tries to make himself a little health year. representative billy long won his campaign for reelection in the fall. well now he is trying to win the campaign against being overweight. he noticed the problem when he tried to get around on capitol hillingly noticed how hard it was to get up out of a chair. that sounds funny for people at home. i was actually getting to that point. >> he was able to do this thing and give people motivation. >> good for him. he has lost 20 pounds so far. if you're wondering how he's doing it, he says more exercise and by eating only between the hours of noon and 8:00 p.m.. >> good thing he doesn't get up in our hours. >> guess so.

>> exactly. this hollywood heavyweight may be interested in the job on capitol hill actor ben after ref leaving the possibility of a senate position open-ended. affleck was asked on "cbs face the nation" if he would run for the seat in massachusetts. the actor director said i have a fondnesser the political process. the interview was taped before senator john kerry was nominated for secretary of state. how about that? >> he would make -- >> he looks like a senator. >> a lot more depose into that. 12:52. next a string to take on obesity. and a trend for kids with food allergies. what ends up happening on the playground. plus the waiting hours for retailers and customers. how stores are come dating the christmas procrastinators out there. we'll be right back. ,, ,,,,,,,,,,,,,,

comes to spending money. black friday weekend was strong.... sales rose more two- many shoppers haven't been in the hold spirit when it comes to spending money. >> shopper track said sales failed by 4% in the second week of december. last week shopper track forecasted holiday spending to decrease by more than 2%. while people may be holding on to their wall etc., for some the sales are too irresistible to resist. >> was like i wasn't going to buy for people. and came out and there were sales. i thought why not. >> they're hiring for people just to make sure. >> retailers ared aing more employees and more hours to

meet the needs of shoppers. some stores have been open round the clock this weekend just in case you haven't bought anything yet. that's right. more shopping nows. in san brew know, shoppers enjoy compliment terry gift wrappings and volunteers from the middle school. parent and students played the elves hoping to raise donations for the program. to your health watch this morning now, at 4:56, new research shows excessive protein in the brain may be linked to autistic behavior. studies show too much protein affects communication and social interaction. doctors at uc san francisco believe the finding could eventually lead to a drug therapy that treats autism spectrum disorders or asd. and a new study suggests a third of children with aler joys are bullied at school because of their condition. researchers at mount sigh nigh medical center say only about half of the parents are aware this is going on.

the bullying can include waving food in the kids' faces or throwing food that might trigger their allergies. and researchers in belgium have a new string for fighting obesity. they're trying to better understand sensors in the stomach. the sensors respond to excess food intake. and believed their malfunction contributes to obesity. the goal is to pinpoint which sensors might be effective drug targets. it is 4:7. the first big storm of the season out of here, be we may be looking at wet christmas. and authorities are keeping tabs on levees all coming up. and we're live in ma rain county where an attempted dui stop turned into a search and rescue operation. we'll give you details from the scene. ,,,,,,,,

♪ secondhand smoke affects everyone's health. it's not just irritating. it can cause heart disease and even death. speak up about secondhand smoke. your health and the health of your family depend on it.

watch now. where homeowners and businesses a preparing for the worst case scenario. - topic two weather ad libs traffic ad homeowners and businesses are preparing for the worst case scenario and started as a stop that turned into a search and rescue operation after a man jumped into a creek. can't take much more rain. we'll talk about that coming up and a stretch of highway shut down due to flooding from's rain. much more coming up. good morning. i'm elizabeth winger. >> 5:00 on the nose. we begin with developing news on the north bay where a suspected drunk driver has been missing. >> yeah. we are in the county where we understand a search-and-rescue operation continues this morning. good morning. >> reporter: good morning, frank